REJI Vs. NARAYANANUNNI NAIR

JUDGEMENT

(1.) The application filed by the petitioner under Rule 136A of the KLR (Tenancy) Rules, 1970, seeking correction of the extent of property included in certificate of purchase No.3307/1977 issued by the Land Tribunal-II, Mukkom was dismissed. Challenging the said order this original petition is filed.

(2.) The certificate of purchase bearing No.3307/1977 was issued by the Land Tribunal-II, Mukkom in OA 355/1972 in favour of one Eacharan Krishnan. The certificate described the extent of property as 3.34 acres. The legal heirs of the said Eacharan Krishnan conveyed the property in favour of the petitioner as per Gift Deed 2813/2006. Subsequently the petitioner understood that the property covered under the purchase certificate has an extent of 9.38 acres and that it was mistakenly mentioned in the certificate of purchase as 3.34 acres. It is accordingly that the application is stated to have been filed seeking correction of the extent, alleging it to be rectification of mistake.

(3.) The power of the Land Tribunal to effect corrections has been laid down by this Court in State of Kerala and others v. Thomas Kurian and another,2014 4 KHC 324. The power is akin to that of under Section 152 of the Code of Civil Procedure. It is confined to correction of clerical and arithmetical mistakes.